§ 5-53.1-1. Definitions.
The following words and phrases as used in this chapter have the following meanings
unless a different meaning is required by the context:
(1) "Charitable organization� means any organization soliciting for a charitable purpose
or any organization holding themselves out as such.
(2) "Charitable purpose� means, but is not limited to, any benevolent, educational, humane,
patriotic, social service, civic, philanthropic, scientific, literary, or eleemosynary
purpose.
(3) "Contribution� means the promise or grant of any money, property, or anything of value
obtained through solicitation, except payments by members of any organization for
fees, dues, fines, assessments, or for services rendered to individual members.
(4) "Department� means the department of business regulation.
(5) "Director� means the director of the department.
(6) "Fraudulent act� means that a party made a false representation of a material fact
or concealed a material fact with the intention to deceive; that the party intended
that a person rely on this material representation or misinformation; and that there
was justifiable reliance on this representation or misinformation.
(7) "Fundraising counsel� means any person who for compensation consults with a charitable
organization or who plans, manages, advises, or assists with respect to the solicitation
of contributions for or on behalf of a charitable organization, but who does not have
access to contributions or other receipts from a solicitation and who does not solicit.
Bona fide volunteers or employees of a charitable organization, or an attorney-at-law
retained by a charitable organization, shall not be deemed a fundraising counsel.
(8) "Membership� means the collective body of any charitable organization comprised of
persons having voting rights and other powers of governance and who derive a direct
benefit or privilege as a member thereof.
(9) "Person� means and shall include any individual, organization, group, association,
partnership, corporation, trust, limited-liability company, and combination of the
foregoing, however formed, as well as any and all other entities, however formed.
(10) "Professional fundraiser� means any person who directly or indirectly for compensation
or other consideration plans, manages, conducts, carries on, or assists in connection
with a solicitation for charitable purposes or individually solicits or who or that
employs or otherwise engages on any basis another person to solicit for or on behalf
of any charitable organization, or who or that engages in the business of, or holds
himself, herself, or itself out to persons as independently engaged in the business
of soliciting for the charitable purpose. Bona fide volunteers or employees of a charitable
organization or fundraising counsel shall not be deemed a professional fundraiser.
(11) "Professional solicitor� means any person who is employed or retained for compensation
by a professional fundraiser to solicit contributions for charitable purposes. Bona
fide employees of a charitable organization or fundraising counsel shall not be deemed
professional solicitors.
(12) "Senior-level executive employee� means any employee of a charitable organization
whose compensation is in excess of the amount specified as requiring disclosure on
United States Internal Revenue Service Form 990 (or the appropriate successor form
by whatever name or number it may be called or designated).
(13)(i) "Solicit� and "solicitation� means to appeal or request, directly or indirectly, whether
express or implied, for money, credit, property, financial assistance, or any other
thing of value by means of mail, personal contact, written material, radio, telephone,
television, news media, magazines or other periodicals, or any other means of plea
or representation that the money, credit, property, financial assistance, or other
thing of value will be used for a charitable purpose.
(ii) Solicitation is deemed to have taken place when the appeal or request is made, whether
or not the person making the appeal or request receives any contributions.